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HomeMy WebLinkAboutDINGO TRAVEL - CONTRACT - RFP - P1020 DOWNTOWN CONCESSIONAIREDOWNTOWN CONCESSION AGREEMENT THIS AGREEMENT is made and entered into this 9th day of November, 2006, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (City), and DINGO TRAVEL LLC (Concessionaire). WITNESSETH WHEREAS, the City Council passed Ordinance No. 36, 1994, establishing the Downtown Plan Area as a concession area for the sale of goods and services from outdoor locations; and WHEREAS, the City has established various concession locations in the Downtown Plan Area; and WHEREAS, the City agrees to grant to the Concessionaire and the Concessionaire accepts from the City a concession for shuttle van service outdoor vending at: Site # 12 — Loading Zone, Mountain Avenue entrance to Old Town Square. For Night use. Includes use of (1) dedicated parking space located east of concession site. NOW THEREFORE, in consideration of the mutual covenants and obligations herein expressed, the parties agree as follows: Section 1. Contract Documents The contract documents consist of this Agreement and Exhibits A & B incorporated herein by this reference. These form the contract, and are incorporated herein by this reference. Section 2. Terms of the Agreement A. This Agreement shall be effective from the date of the Agreement as entered above, until May.31, 2007, unless sooner terminated as herein provided. The City may, at its option, renew the Agreement for additional one (1) year terms, to a maximum of four (4) additional one year terms. B. In the event that the concession location can not be used because of improvements being made at the concession location, this Agreement may be suspended on 30 days notice to the Concessionaire. The suspension shall continue until the improvements are completed or it is determined that the location can no longer be used as a concession site. The City will use a good faith effort to relocate the concession site if needed. Section 3. Concession Operations The City hereby grants Concessionaire a concession for the use of the property described as: Site # 12 — Loading Zone, Mountain Avenue entrance to Old Town Square concession site 1 Jordan Coombs (970)481-8528 2420 Owens Ave. #202 For[ Collins, CO 80528 jwdan@jordancoombs.com To whom it may concern, We are interested in starting a new shuttle service in downtown Fort Collins. The name of the service would be Dingo Travel and the aim would be to safely transport patrons into and away from downtown Fort Collins. Initially, we will be running a single Chevy Express with a 15-passenger limit. The service would begin at 11:00 pm and pick up every hour until 3:00 am. The service would run on Thursday, Friday and Saturday. The pick up point would be located in Old Town Square on Mountain Ave. across from Coopersmith Brewery and Billiard. The service would cost $7 per passenger and would take them anywhere in Fort Collins, dropping them off at their doorstep. The operation will be expanded based on demand and plans are in place to expand the service to a four -bus system picking up every 15 minutes on Thursday, Friday, and Saturday and, potentially, on a more limited basis during the remainder of the week. Our company, Dingo Travel LLC, will be under the jurisdiction of the Public Utilities Commission (PUC). As former students at Colorado State University, we are more than aware of the long overdue need for a service like the one that we intend to offer. I have had many conversations with students and bar owners that entirely agree, and we hope that you do as well. If you have any questions, comments or concerns, please do not hesitate to e-mail or call. Jordan Coombs (970)481-8528 yordan(a)jordancoombs.com I thank you for taking time to read our proposal, Jordan Coombs Dingo Travel Downtown Fort Collins Transportation Concession Site 12 Proposal Overview We are interested in starting a new shuttle service in downtown Fort Collins, at Vending Site 12. The name of the service will be Dingo Travel. The aim is to give patrons a dependable, safe transport into and away from downtown Fort Collins. As a public transport operation, Dingo Travel LLC will be operating under the jurisdiction of the Colorado Public Utilities Commission (PUC). Equipment Initially, we will be running a single Chevy Econoline with a 15-passenger limit. Dates of O erp ation Weekly — Thursday, Friday and Saturday evenings. Hours of Operation 11:00 pm. - 3:00 am. Cost Each trip will cost $7 00 per person. This will provide passengers transport from Downtown Fort Collins to anywhere within the city limits of Fort Collins. Discount rates at $1000 for round -trips into and out of Downtown Fort Collins will be provided. Expansion The operation will be expanded based on demand. Plans are in place to expand the service to a four - vehicle system picking up every 15 minutes until 3:00 am on Thursday, Friday, and Saturday and to potentially provide more limited service during the remaining days of the week, depending upon demand. On Site Location The location downtown will consist of signage explaining pickup times, cost and hours of operation. There will be a Dingo employee at this location at all times, scheduling, receiving payment and arranging pickups on site. We request that one parking location located near the concession site (Site 12) be reserved for the Van. Upon expansion, only one van will take up that location for unloading and loading and be cycled out ever 30 or 15 minutes and replaced with the next van. Insurance As per the rules of the PUC, each van will be insured up to $1,000,00000 (one million dollars) for personal injury. The vans themselves will be insured up to $300,00000 (three hundred thousand dollars) in damage liability. Drivers and Safety As per the rules of the PUC, all drivers will be held to strict background checks. Drug tests and clean driving records are required for all employees. The PUC will also inspect all vehicles to ensure they operate under safety guidelines for the state of Colorado and the Department of Transportation. Weather Limitations We hope that during the winter seasons "Dingo" can be a safe alternative to driving under bad conditions. However, if driving conditions are unsuitable, "Dingo" will not offer service. PROPOSED DOWNTOWN PARKING LOCATION The map above shows the proposed parking location for the Dingo Shuttle Service. The location will be taken from 9:00pm — 3:00am Thursday, Friday and Saturday. One shuttle will arrive, take the location for pickup, then take the customers to their chosen destination. The next shuttle will take the location afterward to continue the pickup process. When a shuttle is not on location, cones will be used to section off the parking spot. DINGO �► File Copy— White Applicant's Copy — Canary Audllofs Copy Pink ., COLORADO PUBLIC UTILITIES COMMISSION . "1",row i 1 DATE W0. J4.3 f i l .7. 7 a 0 - counter ACCEPTED BY ❑ Caah ❑ Check . ( ` ? q i � t •❑ Towing O�Tmmfer r � - 0.PRC - 0 Inumfi e 0 Extension ❑ Hazme Permits. - ❑ HW ❑ Issuance Q Stamps - 0 SSRS 0 Civil Penalty CI Relay_ 0 UTAP ❑ Photocopy _ 0 Other TOTAL 1 1 rc��stz- 0 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE07/2I006 11/o7/zoos PRODUCER (970) 484-2805 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION John C. Beckett &Associates Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 220 Smith Street I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Collins CO 80524- INSURER INSURED INSURER A Dingo Travel, LLC INSURER B: 2420 Owens Ave. #202 INSURER C: CO 80528- rnV90Ar:I:c THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADIYL TYPE OF INSURANCE POLICY NUMBER POLICY ITE DTEMMIDDME POLICYEXPIRATION EMXM/D LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE F—IOCCUR NO COVERAGE / / I I / / I EACH OCGURRENCE $ PREMISES EeE000 once S MED EXP oneperson) $ PERSONAL &ADV INJURY S GENERAL AGGREGATE $ GEML AGGREGATE LINT APPLIES PER: POLICY JECT LOG PRODUCTS - COMPIOP AQG, $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS - NON -OWNED AUTOS PENDING 11/07/2006 / / / / / / 11/07/2007 / / / / / / COMBINED SINGLE LIMIT (Eaecddent) $ 1,000,000 BODILY INJURY (Pef Pam) $ X BODILY INJURY (Per aceld*M) $ PROPERTY DAMAGE (Per acddent) $ _. GARAGE LIABILITY ANY AUTO NO COVERAGE / I / / AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG s S EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ NO COVERAGE / / / / EACH OCCURRENCE i AGGREGATE $ a S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTNE OFFICEWMEMBER EXCLUDED? N yee, deeabe under SPECIAL PROVISIONS below NO COVERAGE / / / / / / / / I I TV - E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEEI S E.L. DISEASE -POLICY LIMB 1411 OTHER NO COVERAGE I I I I DESCRIPTION OF OPERATIONSILOCATION&VEMCLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECWL PROVISIONS ( % — (970) 221-6707 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Purchase & Risk Managment EXPIRATION DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT City of Fort Collins FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE P.O;. BOX 580 INSUREFt ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE —Z�� Fort Collins CO 80522- CORD 26 (2001108) m ACORD CORPORATION 1088 `,, INS025 (ofoe).m ELECTRONIC LASER FORMS, INC. - (800)3274W Pape 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AUVKU L6 JAMMU) JTM INS025 (0108).05 Papa 2 a 2 INww PREMIUM RNANCNG, INC. 174 N. MICHIGAN AVE. SEQUENCE NUM Chicagpo, Illinois -0 01 mepeoFACSIM,LE E11877-242-0685 QUOTE NUMBER 000000042451 Insurance Premium Finance A reement ACCOUNT NUMBER INSURED AGENT/BROKER Dingo Travel, LLC John C Beckett & Assoc Inc 2420 Owens Ave. #202 220 Smith Street Fort Collins Fort Collins CO 80528 (970)481-8528 (970)484-2805 NUMBER FULL NAME OFOGENERl�OENTT ON POLICY EFFECTIVE DATE TERM COVERAGE tbd CD0296 - NATIONAL INDEMNITY CO. 11-07-2006 12 COM130 OMAHA, NE G01060 - SWETT & CRAWFORD FIN TXS/FEE AURORA, CO ERN TXS/FE COMMERCIAL ✓ PERSONAL ADDITIONAL A05289 CO 80524 PREMIUM 4,823.00 0.00 0.00 Federal Truth in Lending Disclosure Statement FIRST PAYMENT DUE DATE AMOUNT OF EACH PAYMENT NUMBER OF PAYMENTS PAYMENTS ARE DUE ANNUAL PERCENTAGE RATE Total Premium Cash Price $ 4,823 yin Cash Down Payment $ 1,205.75 Tire coat of as a yearll rat Amount Financed 12/07/2006 468.84 8 Monthly 9.760% The amount of credit provided to ou or on our behalf $ 3,617.25 LAST PAYMENT You have the right to receive at this time an Itemization of the amount financed. (Non-commercial accounts only) FINANCE CHARGE DUE DATE ❑ I want an itemization 07/07/2007 The gft amount the 1 cost You. $ 133.47 ❑ I do not want an itemization Total of Payments Prepayment: Borrower may prepay in full at any time and may receive a refund of the UneArtied finarxe charge, subject to bile charges set forth on the reverse side hereof. The amount You wi0 haverid after you have made $ 3,750.72 Security Interest: Borrower hereby grants to MEPCO a security Interest in all insurance payments as scheduled. policies listed above, unearned premiums, return premiums, dividends and loss payments under the Policies and all proceecs thereof. Late Charge: H any payment Is not made on the due date, Borrower will be charged and pay a late charge se( o on the reverse side hereof. Total Sales Price (Deferredpayment tof uh total sCo tlngP $ 4,956.47 n DU ARE 4. -QIVt-00OD00042451 PRN:110106 CFG:BECKET RT:BECK CRD:O BP:Bill P/F:0.00 SUB:A05289 Borrower acknowledges that he/she has read loth sides of this Agreement, understands the terms of this Agreement and has received a completed copy of s Agreement. If Borrower Is a corporation, partnership or other entity, Borrower represents that the undersigned has been authorized to enter this Agreement. By: T�da�,em35 ate: (Name of Borrower) Ignature and Title) Agent/Broker acknowledges that he/she has read both sides of this Agreement, understands the terms of this Agreement and agrees to be bound by the terms 'o�f"this AgreeQment. By: K , m .G7 eC Date: (Name of Agent/Broker) (Signature) MPFZZ PROMISE TO PAY. In consideration of the premlum pay mans to be made by MEPCO on the Insurance policies listed above any replacements thereof or any policies subsequent thereto (the "Policies^,, Borrower promises to pay to MEPCOthe Total Pa ants according jo the provisions of this Agreement. Borrower shall not have any right to reedduce any amounts owed to MEPCOpursuant to this Agreement by reason of any amounts due to Borrower from Agent/Broker or the insurance companies listed on the reverse side hereof. SECURITY INTEREST As security for Borrower's obligations under this Agreement Borrower hereby assigns to MEPCO all of Borrower's right title and interest in and to the PoOctes including Borrower's rights to cancel the Policies receive all uneamed and return premiums and dividends which may become payable under the Policies, receive all loss payments which result In the reduction of unearned premiums and assert any rights to reinstate any of the Policies and all proceeds thereof. In MD and KY, dividends and loss payments not applicable. POWER OF ATTORNEY. Borrower hereby irrevocably appoints MEPCO as Its true and lawful attorney -in -fact with full power to (1) cancel the Policies, (li) receive, demand, collect or sub for any unearned premiums or other sums relatin to the Policies pit) endorse or execute, in Borrower's name, raalll Ucks Issued and all other documents or Instruments relating to the Policies and M take such outer actions as are necessary to further the nc lithe ppes llof this Agreement in regards to cancellation. (in FL Borrower appoints M�PCOas Its lawful attorney In fact only with limited power to LATE CHARGE AND CANCEL/REINSTATEMENTFEES If any Installment payment hereunder is late more than ten f10) days or uch lessor pedod permitted by state law, Borrower shall pay MEPCO a late charge in the maximum amount permitted by state law (In KS $c plus 2% of the installment in default; In MD, lesser of 5%of delinquent Installment or $5 for consumer, lesser of 5% of delinquent installmggn�t of $100 for commercial. In AK, after 10 days past due minimum of $1.00, maximum of A)) Payments less than $250, 5% of payment or $5 whichever is less or B) Payments greater than $250 Ro of the payment. In MT, IL, MS, U, NC, PA, a delinquency charge may b,e charged of $1 to a maximum of 5/e of the delinquent Installment 5 days or more past due. Nothing herein shall be considered to waive an default hereunder or to grant anygrace p1dod with respect to an default or failure to make any payment on the date it is due except in KY. Borrower agrees to pay to rant tee of a20 for each pdishonored check by Borrower's bank fin L not to exceed $10). Each time that MEPCO (1) males or otherwise transmits any notice of cancellation to Borrower or issuer of any of the Policies in LA, only applicable upon cancellation) or (11 reinstates an yy of the Policies after a notice of cancellation has been mailed or transmitted (Nh In LAI, Borrower shall pay to MEPCOa fee equal the greater of 2.5% of the outstanding balance minimum charge of $25) or up to the state maximum allowable charge (for MD, the difference between the Late Charge and $10 for Consumer dlZence between the late Charge and $100 for Commercial. Not applicable In KY). PREPAYMENT AND §ERVICE FEE Borrower shall have the right to prepay the entire outstanding balance hereunder at any time. Following prepayment in full of the total amount due hereunder, Borrower may be enttled to a refund of the unearned portion of the finance charge compute? by the Rule of 78's method, the actuarial method or such other method as permitted or r hired b ste�te law less the maximum service fee penri tled by state law and less anY outstanding late or other charges. Non-refundable charge in FL legs $20 in yAK, $10. DEFAULT. In the event that (1) Borrower falls to make any payment due hereunder or comply with any other provision hereof (in KS not cured within 10 days. In MT, written notice of cancellation will be mailed to the Insured and insurance producer 10 dayys� in advance and written notice of canoeiladon will be mailed to the insurer), defaults under any other agreement (noyapplicable I^ KY) with MEPCOor If MEPCO reasonably believes, for any reason, that Borrower may not honor Its obligations hereunder; I an off the Insurance companies named on the reverse side hereof suspend or discontinue business in the customary manner or (Ili) either Borrower or any of the Insurance companies named on the reverse side hereof becomes the subject of an volunt rryy or involuntary bankruptcy proceedings, has a receiver or trustee appointed for lt or its property, makes an assignment for the benefit or its credd ors or admits in writing that it is unable to par' Its debts as they matrire, lbea all amounts payable hereunder shall become Immediately due and payable and MEPCO shag have the right to cancel the Policies, correct and receive funds with respect to the Policies and retain the amount owl g hereunder us the maximum cancellation fee permitted by state law and take any other action to enforce MEPCO's rights hereunder. Except i" KY, MEPCO shall be entitled to reasonable attorneys' fees (in FL, the balance of the loan plus up to 20% of the balance on the loan in attorneys fees, using counsel which 1s not a salaried employee of Mepoo) and expenses Incurred In enforcing Its rights, or collecting an amount due hereunder, MEPCO shall have the dgght to enforce any provision of this Agreement without recourse to the secunty granted to MEPCOhereunder. Borrower hereby releases and disclnar es MEPCOfrom an liability for damages with respect to any action taken ioleow1we a default by Borrower and shall Indemnify and hold MEPCOharmiess from any Irabltities, claims, damages or causes of action in connection with any such action by MEPCO. For AK personal lines, deficiency balances are not collected or established from the Borrower. Notwithstanding anything above a Borrower Is not in Default if the Borrower has timely made all payments due under this agreement. (In FL the bankruptgy'lntmen of a receiver, or liquidation of an Insurer shall not be a Default.) y Insurerrsnaondd cannottrrei reinstate the Policies afte eccancella tlon.. Borrower agrees that tMEP Insurer C."Oe sliabilityato any of shallbe limited to not eCereturn of a I funds actually paid by Borrower to MEPCO. PAYMENTS AFTER by, An payment made bba�rr Borrower after MEPCOor any Insurance company has mailed a notice of cancellation to Borrower will not constitute a reinstrement YoT the Policies but will be Iled to Borrowers outtandin obligations under this Agreement. such Neither the coneptance stitute alwaivverpltof application default such e euhder oNotwithstaandingnanyacan undertaking ofany PolCIO�e Borrower shallarttemaln liable"undter this contract until MEPCO Is in receipt of the full amount payable hereunder. Borrower further understands the( MEPCO Is not responsible for any AUDIT premiums REPORTiNGFORM POLICY. If any are cancelled aauditable orals a reporting omi goes liicy or subjeect to retrospective rating, Borrower aggrees to pay the Insurer the earned premium, computed as specified in such Policy which exceeds the premium already advanced to the Insurer by MEPCO. BORROWER'S WARRANTIES. Borrower represents that no Interest in the Policies, other than the interest granted hereby, has been or will be granted or assigned except for the Interest of mortgagees and loss payees and that Borrower is not Insolvent or the su ed of any insolvency proceeding nor are any such proceedings presently contemplated. NO AGENCY RELATIONSHIP. Borrower understands and agrees that Agent/Broker Is not an agent of MEPCO or Its east noes, AgentlBroker having acted solely as agent of Borrower and of the insurance companies. No ads, representations or promises of Agent�roker reeggarding this Agreement or any of the Policies shall be binding upon MEPCO. Borrower acknowledges that MEPCO is not the agent of the ker r ardi or of an Insurance comp anyy� ACCEPTANCE RATiFIC ON, ACCURACY. This Agreement shall be effective upon the mailing by MEPCO of written acceptance of this Agreement to borrower. The makinngg of the first payment by or on behalf of Borrower shall constitute a ratification of this Agreement even if the Agreement is riot signed by or on.behalf of Borrower. Borrower agrees that MEPCOshall have the authodty to revise this Agreement to Insert any provision omitted (including but not limited to po��y/birder numbers and the due date of the first Installment) by Agent/B oker or Borrower. In addlti�onh} lt the toll premiums are increased due to1nsurance underwriting considerations, MEPCO shall have, followinngp Borrowers authorization, the d to revise the figures on the face of this Agreement. Any charge by Borrower to this Agreement shall render the Agreement voidable, at MEPCO s 'so on. (FL revisions limited to language spedfk: to policy/binder numbere aril the due date d the first Install ASSIt,1NMENT'S. MEPCO may, with or without notice to Borrower, assignor pledge it rights, this and Interest in, o and under this Agreement amend theme collateral and power of attorney herein described. Upon notice from any such assignee, Borrower shall make all payments to such assignee without defense offset or oounerdaim. WAIVERS, REfIAlEDIES bNTiRE AGREEMENT, GOVERNING LAW. MEPCO's failure to require strict pertorrnance of any provision hereof or to exercise any oft Items rights hereunder shall not be construed as a waiver or relinquishment of any future right under such provision, but the provision shall continue and remain in full force and effect. The exercise of any rights or remedies by MEPCOunder this Agreement are cumulative and shall not prelude MEPC.O from exeroising any other rigght or remedy It may have hereunder or at law. If any provision hereof is held to be unenforceable or Invalid under applicable law such provision alnall not impair the valloity or eniorceabllity of the remaining provisions hereof. This Agreement shall be govemed awl construed In accordance with the laws of the state in which the borrower Is located. AGENTS/BROKERR'S WARRANTIES. AgenlBroker warrants and agrees that the Down Payment has been paid in full by Borrower; that Borrower's signature Is gerwine; that, tt AgenUBroker mailed this Aggr_eement to MEPCO unsiggn�ed, AgentBroker represents that Borrower had agreed to enter unto this Agreement with MEP 0and had directed AgenTBroker to instruct MEPCOto commence processing the financing of the Policies and that Agent/Broker was so authorized by Borrower As Borrower's agent and such adlon shall not prevent AgentBmker from Ming son of insurance company for other purposes; that, if AgentBroker signed this Agreement on behalf d Borrower, that AgerdBroker was so authorized by Borrower as Borrowers egant and such action slhnall rot prevent PgenVBroker from Ming an ent of insurance compan for other putrposes; that each of the Policies or benders listed on the reverse side hereof has been Issued and are in full force and effect; that the Policies can be cancelled on ten (10) days' notice or such other minimum period permitted by state law, that all unearned or return ppremiums, dividends and unearned commissions received by Agent/Broker from insurance corn es and an ymens which Borrower is Obligated to pay MEPCO received by Agent/Broker from Borrower shall be held In trust for MCO end shalt be paid to MEPCO on demand, lrcespective of anyy claims which AgentBroker may have against MEPCO, Borrower or a^ applicable Insurance company under this or any other contract. AgontBroker shall not cancel an Policy without the written consent of MEPCO and shall advise MEPCOof any cancellation of or change In any Policy. AggentBroker shall Indemnify end hold MEPCO harmless from all claims of any nature arising from the failure of AgentBroker to provide notice to MEP00,within a reasonable time of Information received by AgentBroker relating to this Agreement, the Policies of the Insurance companies listed on the reverse side hersoll. A entBroker a roes that it a all be personally Ifable.to MEPCOTor any differences between (a) the outstanding portion of the Amount Financed by t�PCOand (btthe unearned premium of the Policies which results from any fees or expenses charged by AgentBroker. (In FL Borrower must sign the agreement.) (per Exhibit A) and use of (1) dedicated parking space located east of concession site, for night outdoor vending. The Concessionaire shall have the right to operate an outdoor vending concession within this area in accordance with the agreement. A. Independent Contractor: The services to be performed by the Concessionaire are those of an independent contractor and not as an employee of the City. The City shall not be responsible for withholding any portion of Concessionaire's compensation hereunder for the payment of FICA, Worker's Compensation or otherwise. B. Records: The Concessionaire shall keep adequate and proper business records of all expenses and receipts of the concession operations. At the request of the City, all such business records shall be made open and available for inspection and audit by the City of Fort Collins Treasury Division. C. Monetary Provision: The Concessionaire agrees to pay the City an amount equal to One Hundred and Twenty Dollars ($120.00) per year, plus zero (0) percent of gross receipts from the concession operations conducted pursuant to this Agreement. Gross receipts shall include all revenues, excluding sales tax received by the concessionaire from concession operations. All such gross receipt payments shall be paid to the City on the same day that sales and use tax payments are due. However, the payments for the concessions must be submitted separately. The $120 annual fee is due prior to the initial term or any renewal term. D. Licenses: The Concessionaire shall obtain and pay for all licenses needed for the operation of the concession including, but not necessarily limited to, a PUC license, City and State sales tax licenses. Any such licenses held specifically by the Concessionaire in connection with this Agreement shall be surrendered by the Concessionaire at the time of termination of this Agreement. E. Laws, Rules & Regulations: The operation of the concession granted under this Agreement shall, at all times, conform with all applicable Federal, State, and local laws and with all applicable rules and regulations adopted by the City or any of its Boards or Departments. F. Insurance/ Indemnity: The Concessionaire shall indemnify, save and hold harmless the City from all claims and losses, including costs and reasonable attorney's fees arising directly or indirectly out of the Concessionaire's use of the concession area or operation of the concession. The Concessionaire shall maintain commercial liability insurance in the amount of $500,000 combined single limits naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B". The Concessionaire before commencing services hereunder, shall deliver to 2 the City's Director of Purchasing and Risk Management, P.O. Box 580, Fort Collins, CO 80522, one (1) copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. G. Signage: All signs on the concession shuttle van must be approved by the City. Any changes to signage displayed in or on the shuttle van must be approved by City staff. H. Shuttle Van: The design and appearance of the shuttle van must conform to the specifications described in Concessionaire's proposal, unless otherwise agreed to in writing by the parties before it may be used at the concession area. The City reserves the right to approve any modifications, changes, or alternative vehicle. The shuttle van is subject to inspection by City and must be maintained and repaired to the City's satisfaction. The shuttle van must be removed from the right-of-way when not in use. I. Restrictions: Equipment such as tables, chairs, benches and displays may not be used except for items & equipment authorized, in writing, by the City Representative. Shuttle van must be located within approved site and cannot impede pedestrian and/or traffic flow. J. Cleanliness: Concessionaire shall supply a trash receptacle in shuttle van and keep the concession area clean of all patron related trash within 100 foot radius of site. K. Sales Tax Returns: All sales tax returns and concessionaire payments to the City associated with the concession operation must be filed by their due date. No assessment fees, penalties or interest will be waived by the City. L. Power Source: If the Concessionaire needs electrical power the Concessionaire must provide for such power through the City Light & Power Department at the Concessionaire's expense. Arrangements to supply power to the concession area must be reviewed with the appropriate City departments. Portable generators will not be permitted due to concerns regarding compatibility and noise. N. Hours: The Concessionaire must keep the concession area open for business as directed by the City. Days of operation shall be agreed to by both parties and the minimum hours of operation must be maintained. Minimum hours are: Two (2) to four (4) hours between 6pm and 6am Thursdays, Fridays and Saturdays. Concessionaire is not required to operate on national holidays or holidays recognized by the City where City offices (except for emergency services offices) are closed. 3 O. Inclement Weather: The Concessionaire shall not be required to operate the concession when it is raining, snowing, hailing, and abnormally windy or when the air temperature is below 50 degrees Fahrenheit. P. Services. The services authorized are as described in Concessionaire's proposal and agreed to by the City. The City will not pre -authorize new services but does reserve the right to review any new services that may be added. This is to ensure that the new services meet the same quality as those proposed in the original Proposal. Q. Blackout Dates. Concessionaire may not be allowed to operate in granted site during the following special events in the downtown area: Old Town Car Show, Colorado Brewers Festival and New West Fest. Contact the Downtown Business Association (DBA) at (970) 484-6500 for approval to operate during these events, and event dates for subsequent years of this contract. Section 4. General Conditions A. The Concessionaire shall neither assign any of the rights nor delegate any of the duties under the provisions of this Agreement without having first obtained the written permission of the City. The Concessionaire shall not sublet any portion of the concession area or allow any other person to take possession of any portion of the concession areas without the written consent of the City. B. Vacant sites resulting from either no -bid or termination may be filled at anytime for the duration of the current one (1) year period. Responsible parties will be awarded vacant sites as acceptable proposals are received. The city may, at its option, renew the Agreement for the formerly vacant sites for additional one (1) year periods not to exceed the balance of the four (4) additional periods remaining for this Agreement. C. This Agreement may not be enlarged, modified or altered except in writing, signed by the parties as an amendment hereto. D. No waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. E. It is expressly understood and agreed by and between the parties hereto that in the performance of the terms and conditions of this Agreement, time is of the essence. F. The location assigned is not transferable to another vendor or concessionaire. G. Fixtures and Improvements: 51 1. The Concessionaire agrees that all auxiliary equipment needed to operate the Concession shall be installed at its expense. Prior to making any and all improvements on said premises, the Concessionaire agrees to obtain the approval of the appropriate City Department and shall supervise the construction of said improvements. 2. Upon the termination of this Agreement the Concessionaire shall remove any fixtures or improvements made by it to the concession area. However, the concession area must be restored to as good a condition as the premises were in at the time the Concessionaire took possession thereof. H. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto. I. If either party must resort to legal action to enforce the terms of this Agreement, the prevailing party shall be awarded its costs and reasonable attorney's fees J. Any notice required or desired to be given under this Agreement will be considered delivered to the other party upon hand delivery or upon its deposit in the United States mail, postage prepaid, sent by registered mail, addressed to the other party at the following address: City: City of Fort Collins Purchasing Division P.O. Box 580 Fort Collins, CO 80522 Concessionaire: Dingo Travel LLC. Attn: Jordan Coombs 2420 Owens Ave. #202 Fort Collins, CO 80528 K. Notwithstanding the time periods contained herein, either party may terminate this Agreement at any time without cause by providing written notice of termination to the other party. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the above address. L. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 5 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. 0 H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. Section 5. Default A. The Concessionaire shall be in default under the terms and conditions of this Agreement, if the Concessionaire fails to cure the default within ten (10) days after written notice setting forth the nature of the default is delivered to the Concessionaire. B. In the event the default is not timely cured, the City may elect to (a) terminate this Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance or (c) avail itself of any other remedy at law or equity. City: By: % L Jam . O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: dco Concessionaire: Dingo Travel LLC By: may_ rint Name: 3o f, 64 ✓� � CCO v» a S Title: Q W he Date: () / q it © C 7 EMMA EXHIBIT "A" SITE MAP F1 0 X a nA.^Z J P- S _A -. S.COLLEGEAVE T, — s N COLLEGE AVE _.. . -REMINGTON ST m b' t '. ,f 1> . (F1 - ... -MATHEWS-ST e � 4 I EXHIBIT "B" INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance.